youngie

Haha. Can someone please, ban?

Oh and this is'nt a properly structured sentance, english is'nt your first language is it ? or if it is you had a poor education.

Oh ive got a sense of humour, its just that, you won't get it because your a yank, and secondly because ya not funny, Ok little boy .....

Haha. Can someone please, ban?

Before calling someone else a "little boy", you might as well learn to spell first.

I like pizza .

Thats absolutely ridiculous. How much "evidence" do they want??? I mean come on, the fact that both husband and wife are present at the interview should be enough to prove "bonafide marriage"... When i go to my interview, ill bring my neighbors dog, as evidence, because spot will attest to barking at both my wife and I as we enter and leave our apartment. And that will prove bona fide marriage right?

uscis

Sorry you had to go through that... Hope you get it all sorted out.

How naive !!!

No sense of humor....... what a sad life that must be.

Oh ive got a sense of humour, its just that, you won't get it because your a yank, and secondly because ya not funny, Ok little boy .....

The justification is written there in the document. That's why they issue PROPOSED rules and ask for comment. To show you the reason.

MRS BB: if you're happy going the wilful ignorance route, by all means, don't look up that document (which is written in plain, easy-to-understand language, with lovely charts, all to make sure that you John-and-Joan-Q-Publics have an understanding of the regulations which have A DIRECT BEARING ON YOUR LIVES).

p.s. whatever you do: if you have a problem or a concern over the proposed fee increase, by all means DO NOT read the proposal and for heaven's sake DON'T submit any comments or criticism. Then you'd actually be proactively working to better the process or at least be involved. It's FAR more effective just to sit on the boards all day and gripe to each other or express frustration than to get out there and DO SOMETHING ABOUT IT.

I like peanut butter and jelly.

Thats absolutely ridiculous. How much "evidence" do they want??? I mean come on, the fact that both husband and wife are present at the interview should be enough to prove "bonafide marriage"... When i go to my interview, ill bring my neighbors dog, as evidence, because spot will attest to barking at both my wife and I as we enter and leave our apartment. And that will prove bona fide marriage right?

uscis

Sorry you had to go through that... Hope you get it all sorted out.

How naive !!!

I did'nt know what moral turpitude meant, and under the rehabilition of offenders act in the UK i was not under obligation to disclose my offence under the age of 17. I now know that the US dose'nt recognise spent convictions, but seeing that when i filled in the forms i did'nt know this, i did not deny a material fact.

You might have

Are you sugesting that i may not require a waiver in respect of my criminal record ?

Possible

Don't tell me, you now think i may need a waiver for misreprestation on the i-94w. ??

I do know that ignorance of the law is no defence.

I would go with the lawyer suggestion.

It does'nt rain it pours, i will definitely be seeing a lawyer now, thanks for the input though.

Helzie, are you sure he has four cautions for theft? As I understand it, once you receive a caution for theft, if you are arrested for theft again within a certain amount of time, another caution is not an option. The police must send you on to trial if they want to pursue the matter. Or were his cautions spread out over many years? In any case, please, please have a consultation with a qualified immigration lawyer.

I've also heard that US immigration treats a caution for a CiMT the same as a conviction, but I don't know if this is strictly true. I've asked a lawyer about it to see what her opinion is, but haven't heard back yet. On the one hand, it seems reasonable in theory because there must be an admission of guilt before a caution can be issued. In reality, many people accept cautions simply to avoid the hassle of going to court, regardless of whether or not they are guilty. When the police tell you, "Admit you did it and we'll let you go with a warning", it's very tempting to agree even if you are innocent. If people realized that other governments might treat their caution as a conviction and therefore bar them from entering their countries, I think a lot less people would agree to the caution.

Youngie, my husband also has one caution and one conviction on his record, but both are from when he was an adult. There is some debate as to whether or not his conviction is a CiMT, but our lawyer doesn't think so. We've been told Gary will probably be granted his visa and not required to file a waiver. I would think that given your conviction occurred under the age of eighteen and that you were cautioned and not actually convicted for your second offense, you should not have problems with AOS. This is only my opinion, though. If you are really worried, have a consult with a lawyer to clarify things. It won't cost very much but will give you the answers you need and peace of mind.

Thank you so much for sharing your experiance, i totally agree about people accepting a caution just as a way to get out of the police staion as quick as possible, but with hindsight it can lead to no end of trouble.

I will probably see a lawyer, as i find worrying about the situation is taking up quite alot of my time, the cost of the lawyer will be nothing if it gives me piece of mind.

Thanks again..

He will be told at the interview he is inadmissable and they will inform him that he can file a I-601 Waiver

The cautions in of them selves are not grounds for inadmissability, however they are going to be held againest him as evidence of moral turpitude when the I-601 is decided on.

You can prepare the I-601 in advance and they will accept it at the interview.

You will have to prove extreme hardship and prove that he is a reformed person (very hard to do)

Definitly get a lawyer, you have little or no chance of approval without one.

Hi, you say that the cautions themselves are not grounds for inadmissability, can i ask how you know this ?, it was my belief that in the eyes of USCIS thay are as good as a conviction, in respect of the fact that by accepting a caution, the person admits to the crime.

Im doing Aos from vwp, and i have been worried that because i have a shoplifting conviction from when i was 13 years of age, and a caution for criminal damage from some 4 years ago (i am now 31), that due to the caution i now fall foul of the multiple conviction rules governing inadmissability.

If you think you could offer a view on my circumstances, i.e. do you think i will require a waiver. it would be appreciated..

Many thanks..

Your timeline says K1?

How did you deal with the I-94W?

B. Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years seeking entry to engage in criminal or immoral activities?

I though anything under 18 did not count.

I also understood a caution involved and admission of guilt.

I did'nt know what moral turpitude meant, and under the rehabilition of offenders act in the UK i was not under obligation to disclose my offence under the age of 17. I now know that the US dose'nt recognise spent convictions, but seeing that when i filled in the forms i did'nt know this, i did not deny a material fact.

Are you sugesting that i may not require a waiver in respect of my criminal record ?

Don't tell me, you now think i may need a waiver for misreprestation on the i-94w. ??

He will be told at the interview he is inadmissable and they will inform him that he can file a I-601 Waiver

The cautions in of them selves are not grounds for inadmissability, however they are going to be held againest him as evidence of moral turpitude when the I-601 is decided on.

You can prepare the I-601 in advance and they will accept it at the interview.

You will have to prove extreme hardship and prove that he is a reformed person (very hard to do)

Definitly get a lawyer, you have little or no chance of approval without one.

Hi, you say that the cautions themselves are not grounds for inadmissability, can i ask how you know this ?, it was my belief that in the eyes of USCIS thay are as good as a conviction, in respect of the fact that by accepting a caution, the person admits to the crime.

Im doing Aos from vwp, and i have been worried that because i have a shoplifting conviction from when i was 13 years of age, and a caution for criminal damage from some 4 years ago (i am now 31), that due to the caution i now fall foul of the multiple conviction rules governing inadmissability.

If you think you could offer a view on my circumstances, i.e. do you think i will require a waiver. it would be appreciated..

Many thanks..

Thank you for your candor, Andy. I'm sorry to hear of this mess and I hope your lawyer can help you unravel it? Are your wife and young son with you in the UK?

I still think your story in interesting. I presume you produced a police certificate and had to file a waiver to get your K3 approved? If so, it's interesting to me that these same crimes caused a denial of your status adjustment.

hi, yes they are both here ,HOMESICK !! apparently i should have not been issued a k-3 if i was to be denied or the convictions would cause a problem when adjusting,NOBODY should be issued a k-3 after being denied apparently. it should be an immigrant visa not a non immigrant ,you cannot be denied adjustment with an imm visa ,whereas ,you can with a non,thanks for your interest,andy.

Andy did you not file a incountry waiver, or was it the waiver that you got denied ?

It would be good if someone could let me know if they also look at cautions in the uk as convictions. I am under the impression we will need a waiver, and due to lack of funds, I will be going about this myself. Any sort of help with the process would be appreciated.

Thank you for your information so far.

Unfortunatly, according to this, an admission of commiting a crime, is the same as a conviction.By accepting a caution the person is admiting to the crime.

a. Any alien convicted of, or who admits having committed, or who admits the essential elements of a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime) is inadmissible.

INA § 212(a)(2)(A)(i).

Are you joking? This can't be!!! Please let me hear from someone else!

Well belive it or not, i see 6 cmt's there, multiple convictions are a serious matter, so 6 crimes of moral turpitude + a drunk and disorderly, isnt a simple case.

My advice seek a good immigration lawyer, who has experiance of waivers.

My husbands K3 interview is on 2nd May. He has just received his police certificate.

It lists the following:

1 conviction for theft

4 cautions for theft

1 caution for fraud (evading a fare on the tube or train)

1 caution for drunk and disorderly.

All of these are more than 5 years old.

If we get the court transcripts for the conviction, is there a chance he will not need a waiver? Or will he difinitly need a waiver?

Any info would be helpful!!!

I am also posting this in the waiver forum.

Thank you!!!!

No doubt what so ever, he needs a waiver. even then he'll be lucky to to get the waiver approved.

Hello everyone!

The situation is as follows:

I am the US citizen. My girlfriend (soon to be wife) is in Israel. She has a tourist visa, and she's been over here a few times within the last year.

The big question is:

Would she be able to come over here for the 3rd time within the next few months using her tourist visa to get married and to stay here without going back to wait for the spousal Visa?

Or would it be better for us to work on getting the fiance visa? Or is there a different option altogether that I've missed.

I am really new to this and just starting to look at our options.

ANY help would be greatly appreciated! Thanks in advance!

If you propose after her arrival you are fine.

Its not fine he has stated an intent just by posting the questiom.

Hello everyone!

The situation is as follows:

I am the US citizen. My girlfriend (soon to be wife) is in Israel. She has a tourist visa, and she's been over here a few times within the last year.

The big question is:

Would she be able to come over here for the 3rd time within the next few months using her tourist visa to get married and to stay here without going back to wait for the spousal Visa?

Or would it be better for us to work on getting the fiance visa? Or is there a different option altogether that I've missed.

I am really new to this and just starting to look at our options.

ANY help would be greatly appreciated! Thanks in advance!

Simple answer is no, if when she entered she had no intention to marry you, but while in the US you both decided to get married on the spare of the moment, then yes thats legal, but now considering you have posted the possibillity of marrying while she is with you. you can't really say it was'nt the intent on entry.

It's all about Intent, which is difficult toprove in reality, so itsup to you.

my husband has his medical next week, so we're preparing his medical questionnaire...there's a question asking "have you ever misused or abused drugs?" He has a conviction for possession of cannabis on his police record and a caution for the same, 10 years and 11 years ago respectively...we can't very well say 'no' to the drug question unless there's a chance the embassy will just get a pass/fail on the medical and will never know about it----we don't want to get caught in a lie, but don't want to open a pandora's box here...we're in enough trouble as it is...

has anyone ever said 'yes' to the drug question on the medical questionnaire and what happened????

thanks

Anna

Well you should'nt really lie (always a bad move), especially in this case, the drug use is such an issue in this case that a check, to see that the yes box on the form has been ticked is a certainty, in my mind. Thay also test for drugs with the blood sample which is given, so if he is still a user that will be evident anyway.

I'd say admit the drug use, multiple drug convictions means he's in the $hit anyway, and thats what there attention will be on.

Good to know about HSBC opening accounts for you in the USA before getting there. My fiance has his accounts there and we were wondering about this. Does anyone know exactly how his credit score will transfer, if it does at all? He has great credit, mines not as spectacular as his, so we are hoping his will transfer to the US. Does anyone know about this, or does he have to start from scratch? Thanks!

Credit scores either good or bad cannot transfer, this is due to US banks, having no access to UK credit referance agancies records, due to the data protection act.

The short answer is NO..

Get the subject access report now, the only requirments are, that the report is not more than 1 year old.

4. I have heard anecdotal evidence that marrying 'spontaneously' when entering the US on a VWP is a valid route that others have taken that is even less time consuming than that of a genuine K1 visa application. Has anyone got any advice or experience with this?

Well seeing that you've mentioned it now, it would'nt really be spontaneous, would it?

Im just about to file for AOS, i have a conviction for shoplifting from when i was age 13 (i am now 31) which resulted in a conditional discharge. I also have a police caution (which in english law is not a conviction) for criminal damage resulting from a domestic incident (i broke a door when i slammed it during an argument with my previous girlfriend) no intent involved , this occured 4 years ago.

Does anyone know if i will require an in country waiver?

Thanks